All personal injury claims in Gaithersburg or surrounding area immediately receive the attention of insurance companies eager to minimize their financial obligations to victims. Once the insured or the injured person opens a claim, an insurance adjuster gets to work to investigate the facts of the accident and try to negotiate settlement of the claim. To protect yourself, make sure you have a good accident attorney to help you navigate insurance company demands. Read on to learn more about what role insurance companies and adjustors play in personal injury cases.

Speak to the Insured Party An insurance adjustor’s first step is to speak to the individual covered by their insurance policy. If the insured individual has suffered personal injury in a car, truck, boating, or other accident, the adjustor will ask for a recorded statement describing the accident and all injuries.

Request Official Records Car accidents are generally accompanied by police reports and accident reports drivers file with the state department of motor vehicles. An insurance company will request copies of all these documents as they begin to build their file.

Request Additional Documentation Once the claim has been filed, the adjustor generally identifies him/herself, explains applicable policy limits, and asks the claimant or claimant’s personal injury attorney to provide documents that may be relevant to the claim. For example, an adjustor may ask for medical bills, medical records, proof of earnings, and proof of property damage.

Investigate Injured Persons If you are the victim of an accident, the individual who caused your personal injury most likely has his insurance company investigating you. The opposing insurance company will look for any information that might defeat your claim or lower its value. For example, the company may Google you or examine insurance claims databases to see if you have ever filed a personal injury claim before. Adjustors may call your employer to find out how you are doing back at work. They even access accident victims’ Facebook pages to see if they have posts that suggest they are not truly injured.

If you have been involved in a truck accident in the Rockville or Gaithersburg area, your first step should always be to contact an experienced personal injury attorney who regularly handles truck accident claims . Each situation is specific, and only an experienced lawyer can guide you through your exact legal options. Still, all truck accident victims have basic legal rights regardless of the circumstances of their accidents. Keep reading to learn the answers to victims’ frequently asked questions about their rights after a truck accident.

Can I Sue the Truck Driver’s Company After a Truck Accident? Usually. As long as the truck driver is employed by a trucking company, that company can be legally responsible for its driver’s negligence. That means both the individual trucker and his employer may be financially responsible for any costs the victim incurs due to personal injury, including pain and suffering, loss of current and future wages, and emotional trauma. Problems may arise when a trucker works as an independent contractor and does hauling for different companies, but as long as the company supervises the driver, your accident lawyer can argue that he was legally an employee.

Can I Automatically Recover Against a Truck Driver Who “Jackknifed”? Not necessarily. While many truck accident claims involve eighteen-wheeler trucks that “jackknife,” drivers are not always liable for others’ personal injuries. Some examples include if the truck driver took an abrupt turn in an effort to avoid a stalled vehicle or another accident, or if there was an unforeseen defect or slipperiness in the streets.

Can I Win a Lawsuit Even if I Was Partly at Fault? In only four jurisdictions across the country, including Maryland and Washington, D.C., any negligence by the victim which contributes to an accident will likely bar any recovery by the victim. Because of this harsh rule, it is not uncommon for a trucking company with obvious liability for an accident to argue that the victim was 1% at fault. In this way, they can completely avoid the consequences of a serious accident. You should always seek out a personal injury attorney who is experienced in accident claims to help establish your very strongest case and get the damages you deserve.

Even if you’ve previously had experience navigating the civil court system, personal injury cases can be quite complex. Your best source of information about these cases is your personal injury lawyer serving Gaithersburg and Rockville. When you schedule a consultation with the personal injury lawyer , you may want to bring along a list of your questions.

Can I File a Personal Injury Lawsuit?
Sustaining an injury does not automatically mean you have the basis for a personal injury lawsuit. It’s best to bring all relevant documents to your meeting with the personal injury lawyer. He or she will review your case and explain your legal options, which might include filing a complaint in court. You may be able to file a complaint if you sustained injuries as a direct result of someone else’s actions. Personal injury cases typically arise from negligent actions. For example, a careless driver may run a red light, striking another car or a pedestrian. Less commonly, a personal injury lawsuit might be filed on the basis of intentional wrongdoing. For example, if you’re at work and an irate customer strikes you, causing a concussion, you could file a lawsuit against that individual. The lawsuit would proceed separately from any criminal charges that might be filed.

Is There a Deadline for Filing a Lawsuit?
Yes, which is one reason why it’s crucial to get in touch with a personal injury lawyer as soon as possible after the incident. If you wait too long to file a complaint, you could forfeit your right to demand compensation . The statute of limitations for personal injury claims varies from state to state. Usually, the deadline is three years from the date of the incident, or from the date when you knew or should have known of your injuries. In some states, the statute of limitations is as short as one year.

What Happens After I File a Lawsuit?
After your personal injury lawyer files the complaint, the defendant will be served with a notification of the lawsuit. The defendant is the other party in the case, whom you allege caused your injuries. You are named as the plaintiff. Your personal injury lawyer will begin exchanging information with the counsel for the defendant. This process is known as discovery. Following discovery, the trial will begin. At any point, your lawyer and the other party might engage in settlement negotiations.